Mediation – Contemporary Applications
Prague Airport Region Conference
with
Dr Paul R Gibson
October 2012
“Mediation – Contemporary Applications”
Roadmap for this Session
Understanding Mediation & ADR
Brief History of Mediation
Interest Based Theory
Application in Airport Operations & Management
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“Mediation – Contemporary Applications”
“Mediation”
Process of Dispute Resolution
3rd Party helps others to resolve their differences
Voluntary, Confidential, Parties Decide on Outcomes
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“Mediation – Contemporary Applications”
ADR & Mediation........
Spectrum of ADR (Condensed)
Cost
Facilitation
Negotiation
Mediation
Expert
Determination
ENE
Conciliation
DRB
Hybrids
Arbitration
Adjudication
Control
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“Mediation – Contemporary Applications”
“Mediator”
The Mediator should be “Neutral”
“Neutral = Independent, Impartial, Indifferent ”
Must have Skill & Competence
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“Mediation – Contemporary Applications”
Benefits of Mediation
•
Cost (process is generally fast – hours/days)
• Confidentiality (meetings are private, no disclosure)
• Control (parties decide)
• Compliance (usually high, agreements are enforceable)
• Mutuality (parties work together – helps relationships)
• Support (skilled mediator assists parties)
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“Mediation – Contemporary Applications”
Mediation is not New !!
•
Centuries old practice
• Origins in Africa, Australia, Asia, Greece, Rome
• Tribal communities (wise men, chiefs, elders)
• Connected to Religious Cultures (Confucian, Buddhist,
Islamic, Judeo-Christian)
• Phoenician trade & commerce
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“Mediation – Contemporary Applications”
Many Ancient Models
•
Confucian – wise men, moral persuasion
• Africa – informal neighbourhood assemblies (“Moots”)
• Islam – “go-betweens” (Qadis)
• Indigenous Australian – tribal meetings, wise women
• Buddhist – influence of Priests (compromise)
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“Mediation – Contemporary Applications”
Mediation into modern times
•
Japan – part of business culture (few lawyers)
• USA – early influence & practices of Quakers
• Influence of Industrial Revolution & Labour relations in
UK (1896), Australia (1904) & USA (1913)
• Europe – influence of International treaties
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“Mediation – Contemporary Applications”
ADR In Australia
• Arbitration – started in 1904 (labour relations)
• Mediation - started in 1970’s – with Family
disputes
• Attempts to standardise practice through
accreditation and standards – started in 1995
• National Standards endorsed in 2004 (NMAS)
• Re-accreditation required every 2 years
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“Mediation – Contemporary Applications”
Mediation today
•
Highly developed practice (now a “discipline”)
• Training, standards, certifications & licensing
• Combining ideas & theories from Social Sciences &
Neuroscience (Neuro-biology)
• An International perspective (particularly Europe)
• EU Directive 2008/52/EC
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“Mediation – Contemporary Applications”
EU Directive 2008/52/EC
•
Cross border – civil & commercial disputes
• Promotes “social harmony” (“amicable settlement”)
• Ensures quality of Mediation
• Has been implemented in all Member States
• Provides for Enforceability of Agreements
• Encourages harmonisation in Member States
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“Mediation – Contemporary Applications”
Interest Based Theory
•
Developed at Harvard University (“Negotiation Project”)
(research into Negotiation in 1970’s)
• Roger Fisher & William Ury (“Getting to Yes”, 1981)
• Now applied to Mediation
• Almost all Mediation models incorporate Interest Based
Theory
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“Mediation – Contemporary Applications”
Interest Based Theory
“What is an Interest?”
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“Mediation – Contemporary Applications”
A General Theory of Conflict ............
“The Ice-Berg Model
of Conflict”
Adapted from J Lack, Geneva & London
Positions
Rights
Law
Wants
Goals
Desires
Concerns
“Interests”
Needs
Values
Beliefs
Fears
Ideology
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All this remains to be
discovered
Amplified by any of:
• Anger
• Frustration
• Disappointment
• Ignored
• Insulted
• Disrespected
• Hurt
• Disillusioned
• Betrayed
• Exasperated
• Loss
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“Mediation – Contemporary Applications”
Airports have many Stakeholders
Every Stakeholder has “Interests”
Interests can Coincide or Compete
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“Mediation – Contemporary Applications”
“Stakeholders”
Airlines
Regulatory
Authorities
Residents
Travelling
Public
“Airport”
Services
Concessions
Plans
&
Operations
Government
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“Mediation – Contemporary Applications”
But it isn’t that simple.....
Airlines
Regulators
Residents
Services
RPT (Int’l & Dom)
Freight & GA
Corporate
Aviation
Environmental
Health
Neighbourhoods
Communities
Action Groups
Security
Police
Fire & Rescue
Public
Technical
Concessions
Transport Ops
Passengers
“Meet & Greet”
“Kiss & Leave”
Engineering
Construction
Contractors
Retailers
Duty Free
Bureau de Change
Taxis, Hire Cars
Buses
Trains
Others
Governments
Car Park Operators
Ground Handlers
Caterers
European
State
Local Councils
Airport Staff
Managers
Staff (many)
Contractors
Air Traffic
Control
... Hundreds of Stakeholders
& Thousands of Interests
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“Mediation – Contemporary Applications”
Applying this Theory to Airport Management
Potential Uses (include):
1.
Airport Master Planning
2.
Managing Impacts of Change on Communities
3.
Implementing new Regulations or Controls
4.
Managing Issues with Stakeholders
5.
Resolving Differences between Stakeholders
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“Mediation – Contemporary Applications”
Example - Applying this Theory to Community Impacts
Potential Impacts (include):
1.
Noise, dust, odours
2.
Dangerous goods or hazardous materials
3.
Traffic & congestion
4.
Commercial activity affecting local businesses
5.
Land use
6.
Safety, security or amenity
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“Mediation – Contemporary Applications”
We use different techniques..................
• Negotiation (between 1-3 parties)
• Mediation or Conciliation
• Multi-party Negotiation or Mediation
Increasing
Level of
Sophistication
of Techniques
• Consensus Building
• All use Interest Based Theory – depend on complexity & scale
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“Mediation – Contemporary Applications”
What do Stakeholders want?
• To be Heard (listened to)
• To Participate in decisions which affect them
• To be Consulted about change/s
• To be Respected
And
• Not all Stakeholders have equal power
• Some Stakeholders may have “Veto” rights
• This makes the process more complicated
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“Mediation – Contemporary Applications”
Lets backtrack a little....
“Conflict”
“Issue”
Our Interests in this are
different
“Dispute”
We can’t agree on what
to do about this
I want or need
something
Why Mediate?
 Rapid Settlement
 Transform Relationships
 Societal Benefit
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“Mediation – Contemporary Applications”
“Mediation”
Preventative
Curative
“Before Conflict
Starts”
“After Conflict
Starts”
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“Mediation – Contemporary Applications”
The Mediator’s Job is to.....................
• Interrupt time pressures
• Help Parties retain identities
• Manage physiological & psychological issues
• Open space for reconciliation
• Guide Parties through a process
Our greatest neglect is not attending to Emotions
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“Mediation – Contemporary Applications”
In Summary..................
• The Challenge for Airports is Stakeholder Management
• Exacerbated by the number, scale & complexity of Interests
• Interest based techniques will always assist
• Mediation can help manage Conflict & resolve Disputes
(but it has limitations)
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“Mediation – Contemporary Applications”
Conclusion
• The Theory is straightforward and easy to learn
• The Practice is more difficult (depends on complexity)
• We will have a workshop this afternoon – trying out some
techniques to Airport examples
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